Vallabhaneni Venkatarama … vs The Director Of Census And Ors. on 27 February, 1992

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Andhra High Court
Vallabhaneni Venkatarama … vs The Director Of Census And Ors. on 27 February, 1992
Equivalent citations: 1992 (2) ALT 623
Author: B S Reddy
Bench: B S Reddy


ORDER

B. Subhashan Reddy, J.

1. In this writ petition the relief is to issue a writ of Mandamus directing the Second respondent to take into account the correct strength of scheduled castes population and declare the office of Sarpanch, Ammapalem Gram Panchayat as General and not reserved for scheduled castes candidate.

2. The complaint in this Writ Petition is that in the voters list of 1980 the population of scheduled castes was shown as 93 Voters. While in the succeeding it would not have gone so high within a span of year. Stay of the elections was by this Court on 26-12-1988 and consequently Elections could not be this gram panchayat. Now when the matter came up for hearing today there are changed circumstances in view of the amendment of the A.P. Gram Act, 1964 By. amending Act 28 of 1991 making a provision under shall be such part of the electoral roll for the assembly constituency, In view of that, the complaint of the petitioner does not survive any more as the basis for a complaint is wiped out in view off the said Amending Act. In the the electoral rolls based on the amended Act (A.P. Act 28 of 1991). I, therefore, direct the second respondent here in to get the electoral rolls of Ammapalem Gram Panchayat prepared on the basis of electoral rolls of that part of the Assembly constituency prepared for the parliament elections conducted during the year 1991 and then give effect to 15% of reservation to the scheduled castes candidates in Dornakal Mandal as contemplated under Second proviso to Section 12(1) of A.P. Gram Panchayat Act, 1964. If upon the preparation of the fresh electoral roll in accordance with the directions issued above, Ammapalem Gram Panchayat becomes a reserved gram panchayat for scheduled castes it shall be so reserved for scheduled castes candidate or otherwise it shall be treated as General.

3. The writ petition is disposed of accordingly. No order as to costs, Advocate’s fee Rs. 250/-.

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